Security of personal information under the network environment to explore new issues419.doc

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1、Security of personal information under the network environment to explore new issuesAbstract: The Information Age, the networks openness and ease of dissemination of information both contribute to social public opinion, the full realization of civil right to know and the right to speak, but security

2、 of personal information of citizens have also been a great threat to the human flesh search and the blog for personal privacy and a violation of other personal information from a legal point of view to explore and put forward legislative proposals. Key words: human flesh search; blog; personal priv

3、acy; personal information security; legislative proposals 90 years from the 20th century onwards, Computer Internet (Internet) The emergence of computer-created high-tech applications as the core of the Information Age. The help of a computer network intelligence and information dissemination and ex

4、change, convenience and other advantages bring great convenience to peoples lives while also making the past, it seems very difficult for information-gathering work has become easy to them, which makes peoples personal information security is also under considerable threat. Brought many new legal is

5、sues. This article far as human flesh search and blog infringement explored. 1 human flesh search personal information involved in security issues The so-called human flesh search refers to the use of the collective strength of Internet users everywhere to expose the fact that some kind of original

6、unknown. But the network open so that search results can become public information in an instant, collective thread so that the original secret search behavior overflowing the human flesh taste, and to a strong momentum being the searcher impact. Human flesh search first case of the human flesh sear

7、ch pushed to the cusp, on the human flesh search is an infringement of personal information security, whether the convicted, legal experts are also mixed. Some experts believe that human flesh search leak citizen name, home address, personal telephone and other basic information, is a serious violat

8、ion of the security of personal information should be human flesh search behavior in criminal law to regulate them. Xuzhou city government has taken the lead legislation to ban human flesh search. Xuzhou City, computer information system security protection regulations explicitly prohibit or publicl

9、y available online information to others is strictly prohibited dissemination of anothers privacy, or insult, slander, intimidation of others. Offenders can be fined up to 5,000 yuan; the circumstances are serious, prevent the computer from the Internet or within six months down; for a number of ill

10、egal units, but also could face license revocation or cancellation of network without permission. However, this suggested that, if human flesh search to convict on the supervision by public opinion and freedom of speech there will be constraints. Online users suspected of illegal, moral discipline,

11、or have serious problems in people and things, as well as related information published on the Web, be judged, if exercised properly, conducive to social progress, and is also conducive to the realization of public interest. In the Zhou Zhenglong, Zhou a long time farming, Chia-Hsiang Lin and other

12、incidents, human flesh search will play a uphold justice, punishing evil and promoting role. Only when the human flesh search invasion of his privacy very serious circumstances, causing serious consequences, it should be sanctioned by the Penal Code. Therefore, the persistent ban human flesh search,

13、 in essence, blurring the privacy of information protection and the boundaries between the publics right to know, is not conducive to anti-corruption, is not conducive to the protection of the protection of personal privacy information. The author believes that legislation to do that: (1) The offici

14、als of the property as soon as possible to develop an open declaration of law and security of personal information protection law, as human flesh search reveal all the details of the law, would be a clear human flesh search Zuiyufeizui border and limitations. Jiangning District, Nanjing, the former

15、Secretary for Housing tubes weeks old farming incident, a smoking Extreme 95 cigarette pictures revealed their corruption and bribery, a crime that has a huge amount of property. If the relevant law-making, the officials what the property does not belong to personal privacy information, but it belon

16、gs in this society should be publicly available personal information, the human flesh search incident would become a new form of public opinion. (2) in the current legislation does not reveal all the details before the introduction of comprehensive legislation should be in a timely manner to regulat

17、e human flesh search boundaries, clarify the scope of permitted and prohibited search, to recognize the positive value and meaning, while the real part of the personal privacy of ordinary citizens should be strongly protected. (3) human flesh search If an invasion of privacy to deal with this kind o

18、f defamation and insult provisions of prosecution cases of crime. Because human flesh search The reason why hard to investigate, on its online occurs mainly in the responsibility of the main dispersed, difficult to find those responsible, evidence is very costly. If they are libel and insult are the

19、 private prosecution cases of crime, from individuals investigate and collect evidence, then, in the case of hard evidence, human flesh search Even if convicted, can not play its due role. 2 blog infringement of personal information involved in security issues In June 2009, China Internet Network In

20、formation Center (CNNIC) released the 2008-2009 blog blog behavior of the market and the research report . The report shows that as at the end of June 2009, has a personal blog or personal space the size of users has reached 181 million people, the size of blog space has more than 300 million. Chine

21、se blog at great speed from the edge to the completion of the mainstream, grassroots to the elite minority to the masses expansion. However, due to confusion about the nature of the blog, as well as the weak self-discipline, public access to the network through the blog the right to speak at the sam

22、e time, triggering the personal information security problems is also increasing. From Nanjing University, Associate Professor Chen Fa-tang sue Chinese blog site to stop infringement of the China blog first case of, to Kristy Kathy Chow exposure incidents have been suffering from lupus erythematosus

23、, and then to the recent fraud occurred in Zhejiang Road Bridge, online blog leaked the names of students and parents , telephone number, etc. For more information, resulting in fraud to succeed. Blog infringement, in particular the right to infringe upon personal privacy and reputation, has become

24、blog copyright infringement hit. Many people think that blog as individual small world, with absolute freedom, in the blog, issued only to record their thoughts and expressions of the diary, they are unable to be held accountable. The moral rights in China, the do think the diary is a private space,

25、 ideas recorded in his diary, can not serve as the basis for determining liability, because thinking does not constitute an offense. But the traditional sense of the diary is a self-disclosure, non-disclosure. If you open your diary, or even be published, which no longer belong to the scope of thoug

26、ht, but into areas of behavior. Blog is not the individuals private world, but can be read by others in cyberspace. Thus, in a blog diary records can not be considered a traditional diary, if the public blog content infringe on privacy of others, or unauthorized disclosure of other information, it c

27、onstitutes illegal infringement shall bear the corresponding legal responsibility. To prevent, reduce blog infringe other peoples personal information security incidents, first of all, it should be in the legislation expressly prohibiting a blog related to matters of law to constrain their developme

28、nt. Secondly, strengthening the blog industry self-regulation by the blog, to take on the responsibility to monitor blog content. Web site users to apply in the blog when the blog to implement real-name system, the validation system, licensing system and so on, and in the blog writers who upload con

29、tent, the site can search by keyword for content control, such as the search is limited to the relevant keyword, you can refuse to upload. If the site not tried to control the terms of reference, resulting in violations of personal information security blog content, the site shall be jointly and sev

30、erally liable. Reposted elsewhere in the paper for free download http:/ 3 e-commerce and online financial services industry related to the personal information security problems With the continuous development of information technology, electronic commerce, called the driving force behind economic g

31、rowth in the 21st century business model, in the national economy an increasingly important role. According to Ministry of Industry and Information Technology October 27, 2009 released statistics show that the total number of Chinas Internet users reached 360 million, e-commerce and online financial

32、 services industry to be a good opportunity for development. However, due to Internet banking personal information database security is not assured, network tracking software cookie and all kinds of monitoring software may monitor the user behavior are collected online to others fundus, phishing Web

33、 site often used disguised as banking, online shopping payment platform in the form of websites to steal the users account and password. In the process of online transactions, consumers are often a number of personal information knowingly or unknowingly be taken by businessmen to collect, abuse or e

34、ven sell. Since China has not yet established a sound personal credit record system, consumers often fear losing their control over their information, for self-protection to abandon online transactions, still choose the traditional line transaction. All kinds of personal information security vulnera

35、bilities that allow people who are engaged in e-commerce and the use of online banking services have doubts about the serious harm to the e-commerce and online financial services industrys normal development. 4 At present, China protect the network security of personal information, assessment of exi

36、sting laws 4.1 The provisions of civil law Civil Law Article 101: honorary citizens and legal persons enjoy the right to personal dignity of citizens protected by law. This provision gives citizens the right to reputation, the general provisions of the personal dignity of citizens from being harmed. Supreme Peoples Court on implementation of

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